Oklahoma Supreme Court

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The Oklahoma Capitol Building, from the north

The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the Oklahoma state government.

The court consists of the Chief Justice of Oklahoma, a Vice-Chief Justice of Oklahoma, and seven Associate Justices of the Supreme Court of Oklahoma, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the Governor. After appointment by the Governor, the Justices serve for a term of six years. After their first term, Justices must fill for direct election from the people of Oklahoma to retain their position.

Unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. The Supreme Court has only immediate jurisdiction when new first impression issues, or important issues of law, or matters of great public interest are at stake. In addition to appeals from a trial, issues come to the Supreme Court within its general superintending control over all inferior courts, agencies, commissions and boards created by law, with the exception of the Court on the Judiciary and the Senate sitting as a Court of Impeachment.

The Oklahoma Supreme Court meets in the Oklahoma Capitol Building in Oklahoma City, Oklahoma.

1 Composition
- 1.1 Qualification, nomination, appointment and tenure of Justices
2 Current Membership
3 List of Former Justices
4 Jurisdiction and Powers
5 Ethics Restrictions
6 External link

[edit] Composition

Oklahoma
This article is part of the series: Politics and government of Oklahoma

Constitution
State government Governor - Brad Henry Lieutenant Governor - Jari Askins Secretary of State - M. Susan Savage State Auditor - Jeff McMahan Attorney General - Drew Edmondson State Treasurer - Scott Meacham State School Superintendent - Sandy Garrett Labor Commissioner - Lloyd Fields Insurance Commissioner - Kim Holland Corporation Commission State Cabinet Legislature Senate President of the Senate - Jari Askins President pro tempore - Mike Morgan Co-President pro tempore - Glenn Coffee House of Representatives Speaker - Lance Cargill Court System Supreme Court Court on the Judiciary Court of Impeachment Nominating Commission Political Parties Democratic Republican Minor parties Counties Federal government United States Senate James Inhofe (R) Tom Coburn (R) United States House John Sullivan (R) Dan Boren (D) Frank Lucas (R) Tom Cole (R) Mary Fallin (R)
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Unlike the Supreme Court of the United States, the Oklahoma Constitution does specify the size of the Supreme Court. However, the Legislature maintains the power to fix the number of Justices. According to Article VII section 2 of the Oklahoma Constitution, the Supreme Court shall consist of nine justices, one justice from each of the nine judicial districts of the State.

[edit] Qualification, nomination, appointment and tenure of Justices

Each Justice, at the time of their election or appointment, must be at least thirty years old, must be a registered voter in the Supreme Court Judicial district they represent for at least one year before filing for the position, and must be a licensed practicing attorney or judge (or both) in Oklahoma for five years before their appointment. The potential Justice must maintain their certification as an attorney or judge during their tenure in office in order to main their position.

If a potential Justice meets these requirements, they must submit their name to the Oklahoma Judicial Nominating Commission (JNC) to verify that they will serve if appointed. In the event of a vacancy on the Supreme Court, after reviewing potential Justices, the JNC shall submit three named to the Governor, out of whom, the Governor appoints one of the three to the Supreme Court to serve until the next general state election. However, if the Governor fails to appoint a Justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma.

Each time a Justice of the Supreme Court is elected to retain their position in the general state elections, they will continue to serve for another six years in office with their term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take up office immediately and continue to serve in their appointed post until the next general election. In order to be eligible to stand for reelection, each Justice must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.

The Justice is then put to election by the people of Oklahoma. If the majority votes to maintain the Justice, the Justice will serve for another six-year term. However, if the Justice declines reelection or a majority of the voters vote the Justice down, the seat on the Supreme Court shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Any Justice that has failed to fill for reelection or was not retained by the people of Oklahoma in the general election is not eligible to immediately succeed themselves.

Retention in office may be sought for successive terms without limit as to number of years or terms served in office.

[edit] Current Membership

The current Justices of the Oklahoma Supreme Court, in order of seniority, are:

Name	Year of Birth	Age	Birthplace	District	Appt. by	Year app.	Years retained	Prior Positions
James R. Winchester (Chief Justice of Oklahoma)	1953	53	Clinton, Oklahoma	5th	Frank Keating	2000	2002	Private practice (–1982); Associate District Judge for Caddo County (1983); District Judge for the Sixth Judicial District of Oklahoma (1983–1997); U.S. Administrative Law Judge (1997–2000)
James E. Edmondson (Vice-Chief Justice of Oklahoma)	1945	61	Kansas City, Missouri	7th	Brad Henry	2003	n/a	Private practice (1973–1976); Assistant District Attorney of Muskogee County (1976–1978); Assistant U.S. Attorney for Eastern Oklahoma District (1978–1980); Acting U.S. Attorney for Easter Oklahoma District (1980–1981); Private practice (1981–1983); District Judge for the 15th state Judicial District (1983–2003)
Robert E. Lavender	1926	79	Muskogee, Oklahoma	1st	Henry Bellmon	1966	1972, 1978, 1984, 1990, 1996, 2002	Private practice (1953–1966); Associate Justice of Oklahoma (1966–1979); Chief Justice of Oklahoma (1979–1981)
Rudolph Hargrave	1923	81	Shawnee, Oklahoma	8th	David L. Boren	1978	1984, 1990, 1996, 2002	Private practice (1949–1951); Assistant Attorney for Seminole County (1951–1955); Private practice (1955–1964); County Judge for Seminole County (1964–1967); Superior Judge for Seminole County (1967–1969), District Judge for 22nd state Judicial District (1969–1978); Associate Justice of Oklahoma (1978–1989); Chief Justice of Oklahoma (1989–1991)
Marian P. Opala	1921	85	Łódź, Poland (naturalized in 1953)	3rd	David L. Boren	1978	1980, 1982, 1988, 1994, 2000	Private practice (1953–1968); Administrative Director of the Oklahoma State court system (1968&ndash:1977); Oklahoma Worker's Compensation Court (1977–1978); Associate Justice of Oklahoma (1978–1991); Chief Justice of Oklahoma (1991–1992)
Yvonne Kauger	1937	68	Colony, Oklahoma	4th	George Nigh	1984	1990, 1996, 2002	Private practice (1969–1972); Judicial Assistant to Hon. Ralph B. Hodges (1972– 1984); Associate Justice of Oklahoma (1984–1997); Chief Justice of Oklahoma (1997&ndash:1998)
Joseph M. Watt	1947	59	Austin, Texas	9th	David Walters	1992	1996, 2002	Private practice (1973–1985); Altus City Attorney (1980–1985); Private practice (1986–1989); Special District Judge for Jackson County (1985–1986); Associate District Judge of Jackson County (1986–1991); General Counsel to the Office of Oklahoma Governor (1991–1992); Associate Justice of Oklahoma Supreme Court (1992–2003)
Steven W. Taylor	1949	57	Henryetta, Oklahoma	2nd	Brad Henry	2004	n/a	Associate District Judge in the 18th Judicial District of Oklahoma (1984–1994); Judge of the 18th Judicial District (1994–2004)
Tom Colbert	1949	56	Oklahoma City, Oklahoma	6th	Brad Henry	2004	n/a	United States Army the Criminal Investigation Division (1973–1975); Assistant Dean at Marquette University Law School (1982–1984); Assistant District Attorney in Oklahoma County (1984–1986); Private practice (1986–2000); Attorney for the Oklahoma Department of Human Services (1988–1989 and 1999–2000); Judge of Oklahoma Court of Civil Appeals (1999–2004); Chief Judge of Oklahoma Court of Civil Appeals (2004)

*As of 2006, the average age is 66 years.

[edit] List of Former Justices

Robert L. Williams, (1907-1914), first Chief Justice
Charles Swindall, 1929-1934
William A. Berry, (1958-1978)
Daniel Boudreau, (1999-2004)
Ralph Hodges, (1965-2004)
Robert D. Simms, (1972-1999)
Hardy Summers, (1985-2003)
Charles M. Thacker, (1915-1918)
Alma Wilson, (1982-1999)

[edit] Jurisdiction and Powers

The current Justices of the Supreme Court of Oklahoma. Top Row (Left to Right): Justice Steven W. Taylor, Justice Yvonne Kauger, Vice-Chief Justice James E. Edmondson, Justice Tom Colbert. Bottom Row (Left to Right): Justice Rudolph Hargrave, Chief Justice James R. Winchester, Justice Joseph M. Watt, Justice Robert E. Lavender, Justice Marian P. Opala

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction of the Supreme Court is co-extensive with that of the State’s boarders. The Court’s jurisdiction applies to all cases “at law and in equity” except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the Supreme Court is granted the power to determine which court has jurisdiction, with not appeal from the Court’s determination. The Oklahoma Supreme Court has original jurisdiction in general superintendent control over all inferior courts in the Oklahoma Judiciary and all Agencies, Commissions and Boards exercising power by the Oklahoma Constitution.

Along with Texas, Oklahoma is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the Oklahoma Court of Criminal Appeals decides criminal cases. The Oklahoma Supreme Court only has immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding the Oklahoma Court on the Judiciary, and the Oklahoma Senate, when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution are considered final.

The Supreme Court has power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Any Justice on the Court make issue the writ of habeas corpus to any person held in custody upon petition by or on behalf of that person. Such writs can be made to appear the Justice who wrote it, before the Oklahoma Supreme Court (or other Appellate Courts), before any District Court, or before any judge in the State.

General administrative authority over all courts in Oklahoma is granted by the Oklahoma Constitution to the Oklahoma Supreme Court and is exercised by the Chief Justice of Oklahoma. However, this power to govern inferior courts dose not extend to the Oklahoma Court on the Judiciary or the Oklahoma Senate when acting as a Court of Impeachment. This authority includes the power to temporary assign any judge to a court other than that for which he was selected. The Supreme Court also maintains the power to appoint an administrative director and staff. This director serves at the pleasure of the Court to assist the Chief Justice in his administrative duties and to also assist the Court on the Judiciary when the Court on the Judiciary calls upon the office’s administrative powers.

Aside for hearing cases, Supreme Court is also responsible for administering the state's entire judicial system. The Court establishes rules of operation for all other courts in the state. The Supreme Court formulates the rules for practice of law, which govern the conduct of all attorneys, and it administers discipline in appropriate cases. Additionally, many of the Justices make personal appearances to speak to members of the Bar, civic clubs, and educational groups. These appearances are made in an attempt to help all citizens understand the Court's workings and to inform them of the decision-making process. The Justices are also called upon to administer official oaths of office to public officials.

[edit] Ethics Restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. All Justices and Judges are required to be nonpartisan and are forbidden from using their office or powers to promote or otherwise assist any private interest. In order to maintain their non-partisanship, Justices and Judges can not hold offices in political parties, may not make speeches for candidates, or make, directly or indirectly, contributions to campaigns of any candidate for any elected or appointed office.

Justice and Judge are even forbidden from campaign for their reelection unless there is an active opposition to their retention of office. Even if a Justice or Judge is actively campaigning for retention, they can not personally raise funds for their campaign.